Shoveling train platforms

[ibebobo]

From today's Crains....

Not CTA's job to shovel train platforms, state Supreme Court rules

July 15, 2010

(AP) — Watch your step this winter.

The Illinois Supreme Court says the Chicago Transit Authority has no duty to keep train platforms clear of snow and ice, even if they become dangerous.

The ruling could apply to other places, such as bus stops around the state.

The state Supreme Court ruled Thursday that the CTA is not required to clear away natural accumulations of snow and ice. It says keeping every platform clear would bring the train system to a halt.

Two judges dissented from the ruling, which involves an elderly woman who fell on the ice and was hospitalized in 2005.

My question.........Who's job is it then??????

[Busjack]

My question.........Who's job is it then??????

Thanks for bringing this to our attention.

Of course, as I have always said, once tipped off, go to the primary source, which is the Illinois Supreme Court opinion here, not the headline. In that light, the question is a red herring, since the court ruled on the question whether the CTA had a duty to clear or warn about a natural accumulation of ice or snow on its platform, and how that rule squares with a common carrier's obligation to provide a safe place to alight. The law on not cleaning up snow is arcane, and I can assure you that the rule in Pennsylvania is even screwier than in Illinois.

Basically, since the court eventually got around to saying that there was no duty in this regard, if you want to get back to your question, the answer, from the personal injury lawyer's perspective, is no one, unless something way more than mere negligence is proved.

[artthouwill]

From today's Crains....

Not CTA's job to shovel train platforms, state Supreme Court rules

July 15, 2010

(AP) — Watch your step this winter.

The Illinois Supreme Court says the Chicago Transit Authority has no duty to keep train platforms clear of snow and ice, even if they become dangerous.

The ruling could apply to other places, such as bus stops around the state.

The state Supreme Court ruled Thursday that the CTA is not required to clear away natural accumulations of snow and ice. It says keeping every platform clear would bring the train system to a halt.

Two judges dissented from the ruling, which involves an elderly woman who fell on the ice and was hospitalized in 2005.

My question.........Who's job is it then??????

I am certainly no lawyer, but this seems to be a case about practicality (if that is a word). How many people does it take to shovel a platform DURING inclement weaather? If one person was assigned a particular platform to shovel and he started at one end, by the time he reaches the other end, the first end would be covered again, because it is continuous. Even with snow plows on the streets and the expressways, snow and ice buildup will continue even after a particular stretch has been plowed. So if a particular stretch was plowed and salted, but buildup occurs and an accident happens, does the state become responsible for the accident? I think not.

So there is a responsibility for the CTA to maintain a safe platform. I have seen two people on a given platform clearing it of snow and ice, first with a shovel and then with salt. That task becomes more difficult with people standing on the platform waiting for a train, then people boarding and alighting the train once in the station.

The CTA is in a lose-lose situation. Per the COURT, the CTA can't hire outside contractors to clear its properties, but must first use all of its union members, with a limited staff and budget constraints. What the lady that sued the CTA was asking for was a clear platform like that on a sunny day even though it was snowing or sleeting on that particular day. Motorists know on such a day that they have to exercise more care on such days. I think this was a frivvy suit.